HomeMy WebLinkAboutRes 2005-02 RESOLUTION 2005-02
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE CERTAIN TWENTY (20') FOOT PUBLIC UTILITY
AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE AND A
PORTION OF THE 10' PUBLIC UTILITY AND DRAINAG EASEMENTS ALONG
THE WESTERLY LOT LINE OF LOT 30, BLOCK 9, PLAT 111, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF
MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council"), as the
governing body of real property located in the Town of Fountain Hills (the "Town"), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any
proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision,plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
, TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the certain twenty (20) foot public utility and drainage easements, located
along the northerly property line and a portion of the 10' public utility and drainage easements located
along the easterly property line of Plat 111, Block 9, Lot 30, Fountain Hills, as recorded in Book 150 of
maps, Page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached
hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain
lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 30 is
required to pass the developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
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Z:\Council Packets\R 1-20-05\R2005-02.doc
20, 2005PASSED AND AD PTED BY the Mayor and Council of the Town of Fountain Hills, January
FOR TH OWN FOUNTAIN HIT S: ATTESTED TO:
✓J
W. J. Ni o , Ma r Bevelyn J. Be er own Clerk
REVIEW D Y: APP VED AS TO FORM:
tug,
Timothy G. Pickering, Town ager Andrew J. Mc uire, Town Attorney
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E:\Abandonments\EA04-28-Res.2005-02.doc
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 111 BLOCK 9 LOT 30
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M CR 98-1138565~ 4s`-'004 W4/ 'ABANDONMENT `- - 0' 03. RES 1998 63
20 P.U.E. & D.E. R � S „
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/ MCR 98-0708048
RES 1998-37 , 41 6/ 62,0
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31 / ABANDON 20'
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DATE: 12-13-04 - tI �_ IA,